The criminal provision is art. 216 R.D. n. 267/1942 which, at the first paragraph n. 1), punishes with the imprisonment from three to ten years the fact of the entrepreneur who: “distracted, concealed, disguised, destroyed or dispelled all or some of his goods or, to prejudice the creditors, has displayed non-existent losses”. The law, then, provides two relevant criminal behaviors: the cutback of the active assets of the company, and the fraudolent raise of the losses. The first general misconduct of distraction, includes whatever act aimed at deducting the goods of its … [Read more...] about BANKRUPTCY
There are two factors that would suggest that we are facing a new financial bubble: on the one hand, the rapid rise in bitocin prices. (The cryptocurrency has, in fact, exceeded for the first time the 10 thousand dollars, then even 11 thousand a few hours later and then return in the evening, to $ 9,500, confirming his volatile nature. Just one year ago it was just over 700 dollars, at the beginning of the year, and only one month and a half ago it broke through the threshold of 5.000. Today it is at levels equal to more than double). On the other hand, we are assisting to a return on … [Read more...] about Bitcoin: financial Bubble?
In most cases, the Italian courts respect the choice of governing law which is made by the parties, through a contract. Notwithstanding, in certain matters, Italian law prevails, also in case of a different choice made by the parties (e.g. in Labour or Social Security matters). When it comes to jurisdiction the parties are generally free to choose their exclusive jurisdiction by a jurisdiction clause which must be in writing. However, for jurisdiction also, there are circumstances in which the Italian courts have exclusive jurisdiction, regardless of the parties' choice (e.g. real estate, … [Read more...] about Cross border litigation – Service of Document
Over two hundred investors have instructed Kmlegalnet studio to act both extrajudicial and judiciously against Iron FX for a fraud perpetrated to their damages. This is the well-known behavioral model according to which the Cypriot company, exploiting gaps in European regulation, does not allow the withdrawing of the funds to the investors. Among them, there are clients who have already been awarded of a favorable decision by the Cypriot Financial Ombudsman to whom Iron Fx keeps denying the funds’ withdrawing incurring in a misappropriation of investors’ funds up to tens millions … [Read more...] about Kmlegalnet announces a class action against Iron Fx for fraud to investors
If you are a business-man dealing with companies at home or abroad, you are probably well aware that the possibility that your customer does not pay what due is always just around the corner. Companies frequently face difficulties when trading with customers who could suddenly turn unruly or reckless. In particular, the struggle is finding a way to prompt seriously delinquent customers in order to stop them from taking advantage and collect the full sum before it becomes a bad debt. In Italy, generally speaking, debt collection is not a particularly complex procedure, meaning it is not so … [Read more...] about Debt Collection In italy
New rules to enhance buyer protection in real estate transactions has been recently approved in Italy, allowing one of the parties of the sale contract to choose a form of guaranteed payment managed by the notary. The introduction of this payment procedure, similar to the one commonly used in France, aims to reduce transaction risks on the buyer side, ensuring that the seller actually receives the money only when registration of the new owner on the public registry has been successfully completed. Legal publicity in Italy plays an important role on real estate transactions. It is with the … [Read more...] about New rules on real estate transactions: a step forward for buyer protection